Legal Opinion

State v. Cox

Oregon Supreme Court

Decided March 25, 1919PublishedCited by 21 opinions

From Jackson: Frank M. Calkins, Judge. In Banc. A criminal complaint was filed against tbe defendant in tbe Justice’s Court of Medford District for Jackson County, in wbicb it was charged: ‘ ‘ That the said H. Cox on the 7th day of February, 1918, in said County of Jackson, and State of Oregon, then and there being,- did then and there unlawfully and wrongfully possess intoxicating liquor, to wit: 12 quarts of whisky, contained in 12 quart bottles. * * ” "Whereupon he was…

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From Jackson: Frank M. Calkins, Judge. In Banc. A criminal complaint was filed against tbe defendant in tbe Justice’s Court of Medford District for Jackson County, in wbicb it was charged: ‘ ‘ That the said H. Cox on the 7th day of February, 1918, in said County of Jackson, and State of Oregon, then and there being,- did then and there unlawfully and wrongfully possess intoxicating liquor, to wit: 12 quarts of whisky, contained in 12 quart bottles. * * ” "Whereupon he was tried and convicted and sentenced to pay a fine of $200 and to be imprisoned in the county jail for the term of three…

1Opinion of the CourtJohns, J.

-1. Eliminating all words unnecessary to this opinion, the act of 1917 would read:

“It shall be unlawful for any person to possess any intoxicating liquor within this state. ’ ’

L'he state cites and relies upon State v. Jarvis (Iowa), 165 N. W. 61; Commonwealth v. Mixer, 207 Mass. 141 (93 N. E. 249, 20 Ann. Cas. 1152, 37 L. R. A. (N. S.) 467); Wells Fargo v. State, 79 Ark. 349 (96 S. W. 189); People v. Roby, 52 Mich. 577 (18 N. W. 365, 50 Am. Rep. 270); Seattle v. Brookins, 98 Wash. 290 (167 Pac. 940), and State v. Wilbur, 85 Or. 565 (166 Pac. 51, 167 Pac. 569). We think there is a *524marked legal…

2Cases cited11 opinions

  1. People v. RobyMichigan Supreme Court · 1884
  2. Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
  3. Matter of Application of AhartCalifornia Supreme Court · 1916
  4. People v. RiceMichigan Supreme Court · 1910
  5. State Ex Rel. Black v. Southern Express Co.Supreme Court of Alabama · 1917

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. LaundyOregon Supreme Court · 1922
  2. City of Portland v. GoodwinOregon Supreme Court · 1949
  3. State v. HarrisOregon Supreme Court · 1923
  4. State v. WilliamsOregon Supreme Court · 1925
  5. State v. NeelCourt of Appeals of Oregon · 1972

16 more not listed; retrieve them via the Exa API.

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